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CHATHAM v. CITY OF NEW YORK

26 A.D.3d 162 (2006)

812 N.Y.S.2d 463

JANNAE CHATHAM, Individually and as Administratrix of the Estate of CEDRIC D. CHATHAM, Deceased, Respondent, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 2, 2006.

Defendants failed to meet their initial burden of showing prima facie that they could not have reasonably anticipated the assault (see Mirand v. City of New York, 84 N.Y.2d 44, 49 [1994]; see generally Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Defendants' reliance on the transcripts of the perpetrator's criminal trial (People v. Charles, 243...

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